It is important for Californians to know their rights as pedestrians so that if something happens that harms them or their property, they will be fairly compensated for it. This knowledge will also help keep you safe while traversing our streets and other areas while cars and other vehicles are being driven near you.
Right-of-Way
Generally, pedestrians have the right-of-way, meaning that they have the right to walk on sidewalks and in related areas without being impacted by traffic. This right-of-way, however, does lessen in some circumstances, especially when crossing a street.
What is a sidewalk? In California, it is defined as an area next to traffic that is "set apart by curbs, barriers, markings or other delineation for pedestrian travel."
As expected, drivers are not allowed to operate cars on sidewalks other than to cross them in order to get to or depart a residence, business or similar place. However, even under those circumstances, drivers must yield to pedestrians.
No Sidewalk
What if there is no sidewalk? In that case, you should walk as safely as possible along the roadway, on the left-hand side in most situations. An exception to that latter general rule occurs if it is not possible to safely cross the road in order to reach the left-hand side.
Bike Lanes
You as a pedestrian do not have the right-of-way when walking in bicycle lanes as long as there is a place adjacent to them that is designed for pedestrians.
Crossing the Street
If you are crossing a street at a crosswalk, you usually have the right-of-way. That includes if it is an unmarked crosswalk, which is sometimes the case at intersections and much less commonly elsewhere.
However, you do still need to take care. For example, you are normally not allowed to suddenly move in front of a car that cannot safely stop before hitting you or to unnecessarily delay traffic from flowing, and you should always yield to emergency vehicles that have their lights and sirens in use. Also make sure that you are not distracted - e.g. looking at your phone - while you are crossing the street.
If there is a control signal displaying "WALK," "WAIT" or "DON'T WALK," note that you should not enter the crosswalk if it says "WAIT" or "DON'T WALK" in a steady, not-flashing manner. If "WAIT" is flashing, you may start crossing the street if you believe that you will cross it in time. Regardless of these circumstances, do always yield the right-of-way to any vehicles that are lawfully in the intersection.
A walking-person image in place of the word "WALK" and a raised hand instead of "DON'T WALK" is the case at some intersections.
Those who are crossing the street outside of a crosswalk should always yield to traffic. That said, even though crossing anywhere is now decriminilized, the intent is still to have pedestrians cross at crosswalks.
Note that law enforcement officers will still issue tickets for jaywalking if it was done in a manner that created a dangerous situation. For that reason, only jaywalk if no oncoming traffic is near.
What Is a Pedestrian?
But what exactly is a pedestrian? Yes, it is someone who is walking or running, but this definition also includes anyone who is physically powering a transportation device other than a bicycle. Included in that latter definition are those who are on skates, blades, skateboards, snowboards or skis.
Also defined as pedestrians in California are individuals who are operating a wheelchair as a result of a physical disability that precludes them from walking.
In addition to anyone who is riding a bicycle, whether human-powered or motorized, those on electric bikes or electric scooters are also not legally viewed as pedestrians.
Blind Pedestrians
Blind pedestrians, generally meaning those who have visual acuity that is not greater than 20/200 in either eye and have either a white cane or guide dog with them, receive the right-of-way at all intersections and in all circumstances, and drivers must yield to them. Failing to do so could result in a fine or imprisonment.
Note that only blind people may carry a predominantly white cane.
Pedestrian Accidents
There were a reported 11,547 pedestrian accidents in California in 2024. Those who are involved in a pedestrian accident will usually be eligible for reimbursement for their injuries and property damage, assuming that there is a negligent party to sue.
However, keep in mind that doing something like darting into traffic, especially if done away from a crosswalk, blocking traffic, not looking around for cars prior to crossing the street or otherwise being careless may make the pedestrian negligent, at least in part.
Partially at Fault
If you were a pedestrian who was partially at fault for an accident, what you can be awarded will be reduced by that percentage. In other words, if you would have been awarded $5,000 in damages had you not been at fault at all but were instead found to be 25% at fault, you would then be eligible to receive $3,750 in damages.
Depending on the circumstances, it is possible that the pedestrian will be the only one reimbursing anyone after an accident. However, that only happens in rare cases as even those who are deemed to be 99% at fault can still be reimbursed for the other 1%.
Compensation
What types of compensation can a pedestrian who was involved in an accident be reimbursed for? A few examples include medical bills, pain and suffering, lost wages and earning capacity, loss of consortium and relevant property damage, such as to something that was being carried at the time or to their wheelchair.
